McMillan v. Department of Children & Families

District Court of Appeal of Florida

McMillan v. Department of Children & Families

868 So. 2d 1286, 2004 Fla. App. LEXIS 4567, 2004 WL 726677

District Court of Appeal of Florida·Decided April 6, 2004·No. No. 1D02-2510·Published·Cited by 4 cases

Opinion

PER CURIAM.

Janelle McMillan challenges two final orders of the Department of Children and Families, each rendered on May 21, 2002, which upheld the Department’s denial of Medicaid benefits based upon the determination of the Social Security Administration (SSA) that McMillan did not meet SSA eligibility requirements. See 42 C.F.R. § 435.541 (a state agency “may not make an independent determination of disability if SSA has made a disability determination within the time limits set forth in section 435.911 on the same issues presented in the Medicaid application” and a “SSA disability determination is binding on an agency [of the State] until the determination is changed by SSA.”). Because McMillan has not demonstrated that the orders are contrary to law or are unsupported by competent substantial evidence, we affirm the final orders. See Axilrod v. State, Dept. of Children and Family Services, 799 So.2d 1103, 1108 (Fla. 4th DCA 2001).

AFFIRMED.

VAN NORTWICK, PADOVANO and HAWKES, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Janelle McMillan challenges two final orders of the Department of Children and Families, each rendered on May 21, 2002, which upheld the Department’s denial of Medicaid benefits based upon the determination of the Social Security Administration (SSA) that McMillan did not meet SSA eligibility requirements. See 42 C.F.R. § 435.541 (a state agency “may not make an independent determination of disability if SSA has made a disability determination within the time limits set forth in section 435.911 on the same issues presented in the Medicaid application” and a “SSA disability determination is binding on an agency [of the State] until the determination is changed by SSA.”). Because McMillan has not demonstrated that the orders are contrary to law or are unsupported by competent substantial evidence, we affirm the final orders. See Axilrod v. State, Dept. of Children and Family Services, 799 So.2d 1103, 1108 (Fla. 4th DCA 2001).

AFFIRMED.

VAN NORTWICK, PADOVANO and HAWKES, JJ., concur.

McMillan v. Department of Children & Families, 868 So. 2d 1286, 2004 Fla. App. LEXIS 4567, 2004 WL 726677 (Fla. Ct. App. 2004).

Pincite

868 So. 2d 1286 (McMillan v. Department of Children & Families) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related